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Tomczyk v. New York Unified Court System

RICO Suit Challenging Divorce Case Is Barred, Immunities Apply; Rule 11 Sanctions Warned

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MEMORANDUM & ORDER On May 10, 2019, Kieth Tomczyk (“Plaintiff”), acting pro se, filed a Complaint in this Court against the New York Unified Court System (“Court System”), the Office of Court Administration (“OCA”), the County of Suffolk, New York (“Suffolk County”), Suffolk County 10th Judicial District (“10th District”), the Honorable H. Patrick Leis, III, in his official capacity and personal capacity (“Justice Leis”), Jennifer Lippman, Esq. (“Lippman”), Theresa Mari, Esq. (“Mari”), Sari Friedman, Esq. (“Friedman”), Jessica Tomczyk (“Tomczyk”), State Defendants John Does 1-10 and Jane Does 1-10 (“State Does 1-20″), Suffolk County Defendants John Does 1-10 and Jane Does 1-10 (“County Does 1-20″ and collectively, “Defendants”). The Complaint challenges an ongoing divorce and child support enforcement action, Jessica Tomczyk v. Kieth Tomczyk, Index No. 33914/2013, in the New York State Supreme Court, Suffolk County, and seeks “damages, injunctive relief and declaratory relief for violations of his fundamentally secured rights, for violating his parental rights through a campaign of parental alienation, and violating his fundamental rights through a campaign of judicial terrorism.” (Compl. 1.) More specifically, in addition to alleging a deprivation of his First, Fourth, Fifth, Sixth, Eighth, Ninth, Thirteenth, and Fourteenth Amendment rights, Plaintiff claims that the “Defendants conducted a RICO enterprise of racketeering, extortion, fraud, wire fraud, and mail fraud for profit and gain against Plaintiff as a litigant and taxpayer, thus violating 18 U.S.C. §§1961-68, 18 U.S.C. §1951, 18 U.S.C. §1341, and other violations and causes of action.” (Compl.

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